Confused, what to file and what order?

[SqdnGuns 21]

I know that I will need to file IR-1 / CR-1 for my wife but am suffering a total brain lock at the moment, more so after reading the guides. A little background on situation...........

Wife came to US on K-1 in June 2008, we married 9 weeks later, found out she was pregnant a month later, and got laid off a month after that. All kinds of "goodness" and "badness" in a short period of time.

Unemployed until Feb 2009 when I took a job in Florida, baby came 3 months later, employer closed up shop 4 months later, again, all kinds of "goodness" and "badness" in a short period of time!!

Due to all the financial uncertainty, cross country move, son's arrival and out of work AGAIN, we did not file for AOS, money was tight. Wife's mom and dad were ill and we decided that she should go back home to see them and they can see they new grandson before anything happened to her parents. Wife and son have been in Thailand with her family since March 24th.

I just recently re-located back to SoCal again to accept a really good job this time. We are in good shape financially now to file for the IR-1 / CR-1.

My question is this:

Do I just file the I-130 Package now and once approved they will request the other required filings and documentation?

I have all supporting documentation such as marriage certificate, sons birth certificate, lease of home in Florida in both our names, etc....I am pretty sure I do have everything, it's just a matter of writing the check and sending it all in to the Chicago lock box.

I would appreciate it if any of you who have already filed and had a similar circumstance as I can provide some input.

Thanks!!

[BigSigh 12]

Good luck to you. It sounds like there are some different issues to be addressed here. The main one is the not filed AOS which I believe would've made your wife out of status and in the country illegally. As to how long she was here for and all of that good stuff, depends on what the paperwork you were to send in said.

I'm sure some one will come along and help you out. Congrats on your baby and best of luck to you!

[SqdnGuns 21]

Thank you.

I have been reading the USCIS site as well and I am more confused....

Do I need to file the I-485 now as well?

According to the guides here all I need to do is to file the I-130 and G-325a for each of us now and then the rest is done when they send her a package from the Embassy.

So, I do not need to send our marriage certificate and sons birth certificate now?

Man, I don't want to screw this up to delay my families return.

[BigSigh 12]

If you are filing for CR1, you will need to submit:

Here is a link: http://www.visajourney.com/content/i130guide1

-A cover sheet with the contents of your I-130 package (you can find different examples of a cover sheet by searching on here)

-The petition fee of $355

-The I-130 form

-G325A for you

-Passport picture of yourself with your name on the back (in a plastic bag and paper clipped to a blank piece of paper)

-G325A for you wife

-Passport pic of her with her name on the back (in a plastic bag and paper clipped to a blank piece of paper)

-Proof of your US Citizenship (copy of your birth certificate or ALL pages of your passport)

-A copy of your marriage license

-A copy of your baby's birth certificate

-Proof of your marriage (optional but some think it is a good idea to send in some of this right now)

-Pictures

-Joint bank account

-Joint property deeds or what-have-you

-Western Union type receipts

-Call logs

-Chat logs

-E-mails

-Cards

(There is a whole bunch of things that could be sent. This will also be needed at the interview stage.)

If the K1 visa isn't addressed now or during the NVC stage, it will definitely be brought up during the interview.

I would wait until at least Monday for some solid answers to the other issues in your case. Best of luck!